Parker v. Bourdon (10th Cir. 2020)

Parker v. Bourdon, No. 19–4124 (10th Cir. 2020)

Nature of Case: Appellant was convicted of a misdemeanor sex offense in Utah, and subsequent — in 2007 — was required to register. In 2018, he brought suit challenging the constitutionality of his continued duty to register, alleging various constitutional violations. The district court dismissed the action as time-barred, concluding that Utah had a four year statute of limitations for § 1983 claims, and Appellant brought his lawsuit well outside of that window. Therefore, the lawsuit was dismissed, and Appellant sought review of that dismissal.

Holding: The 10th Circuit Court of Appeals affirmed the dismissal, holding that Appellant’s claims were barred by Utah’s four year statute of limitations. The Appellant claimed that his ongoing registration constituted a continuing violation for purposes of tolling the statute of limitations, but the Court rejected this argument.